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7 Ways to Drop Domestic Violence Charges in California

To get domestic violence charges dropped in California, you should follow a number of steps including learning about the legal process, gathering evidence, seeking legal counsel, negotiating with the prosecutor, and attending court hearings. It’s important to note that the process for getting charges dropped can vary depending on the specifics of your case. Working closely with an attorney who understands the legal system in California is key to achieving the best possible outcome.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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What is Domestic Violence?

According to Justice, domestic violence encompasses a range of abusive behaviors used by one partner to assert power and control over another within an intimate relationship [1].

These behaviors can take various forms, including physical, sexual, emotional, economic, psychological, or technological actions or threats.

This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone – the agency stated.

Domestic Violence Defense Strategies

According to CCD, domestic violence defenses can fall into several categories, each aiming to refute or mitigate the charges [2]:

  • Denial: Claiming innocence and providing evidence such as alibis or lack of presence at the scene.
  • Fabrication: Asserting that the accuser fabricated the story, and providing evidence like inconsistencies in the accuser’s account.
  • Accident: Arguing that the harm was accidental, supported by evidence like the circumstances of the incident and the nature of injuries.
  • Self-defense: Asserting that actions were taken in self-defense, supported by evidence like the victim’s history of violence or defensive injuries.
  • Insufficient evidence: Arguing that the prosecution lacks enough evidence to prove guilt beyond a reasonable doubt.
  • Provocation: Acknowledging the action but claiming it was provoked by the victim’s behavior, supported by evidence of the victim’s actions.
  • Police misconduct: Alleging police errors or misconduct in the investigation or arrest process, such as failure to read Miranda Rights or mishandling of evidence.

The success of your defense will depend on your cooperation with your attorney. Being upfront with all details related to the case will make the entire process much easier. Withholding any vital information could mean the difference between your freedom, losing your job, and even going to jail.

Domestic Violence Statistics

  • Every minute in the United States, an estimated 24 people become victims of rape, physical violence, or stalking by an intimate partner. This adds up to more than 12 million women and men affected in a single year.
  • Statistics show that nearly 3 in 10 women (29%) and 1 in 10 men (10%) in the US have experienced rape, physical violence, or stalking by a partner, with significant impacts on their functioning.
  • In terms of injuries, just under 15% of women (14.8%) and 4% of men have been harmed due to intimate partner violence involving rape, physical violence, or stalking.
  • The prevalence of severe physical violence by an intimate partner is striking, with 1 in 4 women (24.3%) and 1 in 7 men (13.8%) aged 18 and older having experienced it in their lifetime.
  • The impact of intimate partner violence extends to psychological aggression, affecting almost half of all women and men in the US (48.4% and 48.8%, respectively) in their lifetime.
  • Women aged 18 to 24 and 25 to 34 experience the highest rates of intimate partner violence, highlighting the vulnerability of these age groups.
  • Historical data from 1994 to 2010 shows that approximately 4 in 5 victims of intimate partner violence were female, indicating a gendered nature to this form of violence.
  • Moreover, a concerning trend is that most female victims of intimate partner violence were previously victimized by the same offender, with rates ranging from 77% for women ages 18 to 24 to 81% for women ages 35 to 49.

Source: National Domestic Violence Hotline [3].

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:

1. https://www.justice.gov/ovw/domestic-violence
2. https://www.californiacriminaldefender.com/the-7-defenses-used-in-domestic-abuse-cases.html
3. https://www.thehotline.org/stakeholders/domestic-violence-statistics/

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